NCJ Number
65185
Date Published
1979
Length
7 pages
Annotation
REASONS FOR THE LOW IMPRISONMENT RATE IN HOLLAND COMPARED WITH THAT IN THE UNITED STATES ARE IDENTIFIED AND DISCUSSED.
Abstract
IN 1970, THE UNITED STATES RANKED FIRST AMONG 15 NATIONS IN RATE OF IMPRISONMENT (200 INMATES PER 100,000 POPULATION), WHILE HOLLAND RANKED 15TH (22.4 INMATES PER 100,000 POPULATION). BY 1976, HOLLAND'S RATE OF IMPRISONMENT HAD BEEN REDUCED TO 18 PER 100,000 POPULATION, ABOUT ONE-TWELFTH OF THE IMPRISONMENT RATE IN THE UNITED STATES AT THAT TIME. POLICE AND PROSECUTORIAL DIVERSION POLICIES IN HOLLAND ARE LARGELY RESPONSIBLE FOR THE LOW IMPRISONMENT RATE. IN THE CASE OF MINOR OFFENSES, POLICE CAN DIRECTLY OFFER A FINE SETTLEMENT. IF THIS SETTLEMENT IS NOT ACCEPTED BY THE INVOLVED CITIZEN, THEN THE CASE IS REFERRED TO THE PUBLIC PROSECUTOR. THE PROSECUTOR THEN HAS THE OPTIONS (1) TO NOT PROSECUTE, SHOULD IT BE DEEMED AGAINST THE INTERESTS OF SOCIETY OR THE ALLEGED OFFENDER; (2) TO SUSPEND THE DECISION TO PROSECUTE FOR A PERIOD OF TIME, USUALLY WITH THE CONDITION THAT THE CHARGED PERSON CONFORM TO CERTAIN BEHAVIORS; (3) TO OFFER A SETTLEMENT, USUALLY A FINE; (4) TO ORDER FURTHER INVESTIGATIONS, WHERE THE PROSECUTOR BELIEVES MORE INFORMATION IS NEEDED BEFORE A DECISION ABOUT CASE DISPOSITION CAN BE MADE; AND (5) TO PROSECUTE AN ACTION RESERVED ONLY FOR THE MORE SERIOUS CASES. THERE ARE NO JURIES IN HOLLAND, AND JUDGES ARE REQUIRED TO HAVE OCCUPATIONAL CONTACT WITH THE CORRECTIONS AND ENFORCEMENT AGENCIES OF THE CRIMINAL JUSTICE SYSTEM BEFORE THEY ARE QUALIFIED TO BECOME JUDGES. THIS REQUIREMENT HAS APPARENTLY HAD THE EFFECT OF PRODUCING MORE LENIENT JUDICIAL SENTENCES. THIS TEMPERATE AND HUMANE HANDLING OF OFFENDERS IS POSSIBLE BECAUSE OF THE CLIMATE OF HUMANE VALUES HELD BY THE DUTCH POPULATION OVER THE GENERATIONS. THIS CAN BE CONSTRASTED WITH THE RIGID, PUNITIVE TRADITION OF AMERICAN VALUES REGARDING THE TREATMENT OF THOSE WHO VIOLATE LAWS. NOTES ARE PROVIDED. (RCB)